Section 17-400.1-5 - Right to due process(a) Any applicant or eligible individual or, as appropriate, individual's representative, who is dissatisfied with any decision or action taken by personnel of the division that affects the provision of VR services or general services for the blind, may request, or, if appropriate, may request through the individual's representative, for a timely review of that determination, in accordance with this section. (1) The request for review from an applicant or eligible individual or, as appropriate, individual's representative must be made within 90 days of the decision or action taken by the division. If the 90th day falls on a weekend or holiday, the 90th day shall be the working day following the weekend or holiday.(2) The date of request is the date the division receives a signed request for review from the applicant or eligible individual or, as appropriate, individual's representative.(3) The request must be made to the division administrator, in writing. (A) The division shall assist the applicant or eligible individual in documenting the request by use of the division's preprinted form letter.(B) Other written requests for review, containing the required information specified in paragraph (4) by an applicant or eligible individual or, as appropriate, individual's representative, shall be sufficient to initiate the review process.(4) The request for review shall contain the nature of the complaint, the agency staff involved, the alleged action or decision in question, a statement, if applicable, that the applicant or eligible individual or, as appropriate, individual's representative wants to pursue mediation prior to a formal due process hearing, and the signature of the applicant or eligible individual or, as appropriate, individual's representative.(5) The request for review shall be acknowledged by the division administrator within two weeks of its receipt by the division.(6) A copy of the request for review shall be filed in the division's record of services for the individual.(b) The division shall provide each applicant or eligible individual or, as appropriate, the individual's representative, notice of: (1) The right to obtain review of any determinations made by personnel of the division that affect the provision of VR services through an impartial due process hearing in accordance with section 17-400.1-7;(2) The right to pursue mediation with respect to determinations made by personnel of the division that affect the provision of VR services, prior to hearing, in accordance with the mediation process under section 17-400.1-6;(3) The names and addresses of individuals with whom requests for mediation or due process hearings may be filed;(4) The manner in which a mediator may be selected consistent with the requirements of section 17-400.1-6(a)(7), or the manner in which an impartial hearing officer may be selected consistent with the requirements of section 17-400.1-7(a)(3)(B); and(5) The availability of the Client Assistance Program of the Hawaii Disability Rights Center to assist the applicant or eligible individual during mediation sessions or impartial due process hearings.(c) Such notification shall be provided in writing: (1) At the time the individual applies for vocational rehabilitation services under section 17-401.1-4;(2) At the time the individual is assigned to a category in the division's order of selection, when the division has established an order of selection under section 17-401.1-5;(3) At the time the individualized plan for employment (IPE) is developed; and(4) Whenever vocational rehabilitation services for an individual are reduced, suspended, or terminated,(d) Applicants who are found ineligible for VR services and previously eligible individuals who are determined to be no longer eligible for VR services pursuant to section 17-401.1-8, are permitted to challenge the determinations of ineligibility under the procedures described in this section.Haw. Code R. § 17-400.1-5
[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §722(c); 34 C.F.R. §361.57 ) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §722; 34 C.F.R. §361.57 )